S ANANDA RAO Vs. LABOUR OFFICER MATTANCHERRY

JUDGEMENT

(1.) The petitioner has been convicted by the Second Class Magistrate of Cochin in Calendar Case No. 619 of 1954 by his judgment dated 22.12.1955. The concluding portion of the judgment reads as follows:

(2.) Act IX of 1125 is the Travancore - Cochin Shops and Establishments Act, 1125. Sub-s.(1) of S.45 of that Act provides that any employer who contravenes any of the provisions of the sections enumerated in that sub-section shall be punishable, for a first offence, with fine which may extend to twenty five rupees and for a second and subsequent offence, with fine which may extend to two hundred and fifty rupees. S.41 is one of the sections mentioned in S.45(1) and it reads as follows:

(3.) It is clear from the wording of sub-s.(3) of S.41 that a non compliance with a decision of the appellate authority has not been made penal and the conviction therefore for a contravention of the provisions of that sub-section cannot be sustained.